A.         CPA may consider complaints only against CPA members, and then only if the complaint is filed within a reasonable period of time, defined as twelve months from the time that the alleged unethical conduct occurred or was discovered, or that adjudication by another jurisdiction was completed.

 

B.         CPA will normally defer complaints which fall under the jurisdiction of provincial/territorial/state regulatory bodies to those bodies, and will review the status of CPA membership subsequent to their decision and at the end of the period for appeal.

 

C.        CPA shall not act on anonymous complaints unless the information is already in the public domain.

 

D.        CPA has no jurisdiction to accept complaints against psychologists who are not members of CPA.

 

E.         Where CPA becomes aware of CPA members who are convicted of criminal acts, or disciplined by other statutory tribunals, whether or not a specific complaint is lodged with CPA, the President or the Board may request that the Committee on Ethics conduct a review of the matter and make a recommendation to the Board on disposition.

 

 

A.         Consistent with the principles of By-Law XI, all ethical complaints against members of CPA, regardless of their origin, shall be forwarded to the President of CPA for initial disposition.

 

B.         Complaints received by the President shall be forwarded to the Executive Director who shall initiate proceedings as directed by the President. The Executive Director upon receipt of a complaint shall open a file, acknowledge receipt and send the complainant a copy of the Canadian Code of Ethics for Psychologists and a copy of the CPA Rules and Procedures for Dealing with Ethical Complaints. The Executive Director shall advise the complainant of the initial disposition of the complaint.

 

C.        At the conclusion of such procedures and deliberations as may occur in response to the complaint, the Executive Director shall inform the complainant of the ultimate disposition of the complaint.

 

 

III. Procedures for Investigating Complaints

 

A.         On the request of the President or Board of Directors, the Committee on Ethics shall conduct a preliminary investigation of the complaint. The Chair of C.O.E. shall determine whether the preliminary investigation shall be deliberated by the entire committee, or by a sub-committee of not less than three members chosen from among the members of the Committee on Ethics.

 

B.         When directed to do so by the Chair of C.O.E., the Executive Director shall communicate with the member against whom the complaint has been lodged by registered mail with the following information:

 

1.         A precise description of the nature of the complaint including, if possible, the specific section(s) of the Code of Ethics which the complainee is alleged to have violated.

 

2.         A copy of the Canadian Code of Ethics for Psychologists, and the Rules and Procedures for Dealing with Ethical Complaints.

 

3.         A request for a reply within 60 days.

 

4.         A statement that information submitted by the member against whom the complaint has been lodged shall become part of the record in the event that further investigation and proceedings ensue.

 

5.         Failure to reply, unjustified delay in responding, or lack of co-operation in the investigation, shall not prevent continuation of any proceedings, and in itself constitutes a violation of ethical principles.

 

C.        The Executive Director shall forward all information to the Chair of the Committee on Ethics.

 

D.        The Chair may request, or direct the Executive Director to request, information from any other source which is deemed appropriate, subject to the member against whom the complaint has been lodged being so informed.

 

E.         The Chair shall circulate the information relevant to the complaint to the members of the Committee on Ethics, or to a sub-committee thereof, for their individual evaluation and response. Members will be asked to respond within a specified time frame of not less than 30 days and not more than 90 days from the time of the request.

 

F.         The Chair shall prepare an integrated summary of the comments and opinions submitted by the Committee/Sub-Committee members and forward this report to the President.

 

IV.  Options for Recommendations on Disposition

 

A.          In formulating their recommendations the members of the Committee on       Ethics shall consider the following possibilities:

 

1.         that the complaint has no basis in fact;

 

2.         that the complaint is insignificant;

 

3.         that the complaint has been corrected;

 

4.         that the nature of the conduct of the member against whom the complaint has been lodged is such that the complaint may be resolved between the Committee and the member without making a formal complaint to the President or holding a formal Board hearing. This may include, but shall not be limited to:

 

(a)        the member against whom the complaint has been lodged agrees to cease and desist the alleged conduct;

 

(b)       the member against whom the complaint has been lodged agrees to receive rehabilitation, education, training, supervision, and/or therapy;

 

(c)        the involved parties agree to negotiate a mutually acceptable resolution;

 

(d)        the member against whom the complaint has been lodged agrees to resign and reapply for membership in the Association only under stipulated conditions;

 

5.         that the evidence indicates that the member against whom the complaint has been lodged has committed a serious violation of ethical principles which is not amenable to informal resolution.

 

B.        On receipt of the report of the Chair of the Committee on Ethics, the President may:

 

1.         recommend to the Board that no further action be taken and the matter be closed;

 

2.         direct that the C.O.E. proceed to seek a resolution of the matter within the terms of IV (A) (4);

 

3.         recommend that the Board hold a formal hearing on the complaint.

 

 

C.        The President shall direct the Executive Director to inform the member against whom the complaint has been lodged of the outcome of the preliminary investiga­tion made by the C.O.E. In the case of IV (B) (1) or IV (B) (3) the Board will deliberate on the President’s recommendation at the earliest meeting at which the President may submit the report of the C.O.E. and its recommendations. When there is compelling probability of risk to the public, the President may convene a special meeting of the Board by telecommunications to act on the matter.

D.        In the event that the Board decides to hold a hearing, the Provisions of By-Law XI (5) (6) (7) (8) (9) (10) shall apply.

 

 

A.        The Chair of C.O.E on completion of a case shall forward all individual records relative to the complaint to the CPA office which shall be responsible for storage according to the following guidelines:

 

1.         Permanent files of C.O.E. shall be confidential and shall be maintained by the Executive Director in the Head Office of the Association.

 

2.         Files on ethical complaints shall be available only to those specifically authorized by the President or by the Executive Director of the Association.

 

3.         Files concerning members who have been expelled because of unethical behaviour shall be maintained for a period of at least ten years.Files concerning members who have been expelled because of unethical behaviour shall be maintained for a period of at least ten years.

 

4.         Files concerning members who have been readmitted under a stipulated resignation shall be maintained for five years after re-admission.

 

5.         Files concerning members whose alleged ethical violations have been informally resolved shall be maintained for five years after the case has been closed.

 

6.         Nothing in this section shall preclude CPA from maintaining records for archival, educative, or other legitimate purposes, provided that the anonymity of complainees is preserved.

 

VI. Consultation to CPA Membership Committee

 

A.          The Membership Committee may consult with the Committee on Ethics on ethical issues related to decisions on applications for CPA membership when

 

1.         the applicant has been judged guilty of previous ethical violations;

 

2.         the applicant is suspected of providing false information;

 

3.         an expelled member is re-applying

 

4.         a former member who was permitted to resign pursuant to an ethical complaint is re-applying

 

5.         or, on such other matters as the respective Committees deem appropriate.